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1ST NATIONAL FORENSIC CONFERENCE,
       YAOUNDE, CAMEROON


  Richard Mayungbe, PhD, MBA, FICCA, FICA, CPFA, ACFE, MICM,
                       MIPN, Ch.MC, MITD
     Global Financial and Management Trainer, Forensic
     Accountant, Fraud Fighter, Consultant and Author
           Tel: +23772585428, +234 8033467639,
           www.richardmayungbe.blogspot.com
                      Skype: tsiltd.tsiltd



                                                               1
CONTENTS

• DAY 1
• Definition of fraud, How Fraud Occurs, Various Fraud
  Schemes and targets.
• Psychology of fraud: what motivates the fraudster
• DAY 2
• Interviewing for Fraud in the Audit Process
• DAY 3
• Fraud Investigation
• Interviewing
• Free discussion on all the topics, question and answer etc

                                                               2
DEFINITION OF FRAUD, HOW FRAUD OCCURS,
     VARIOUS FRAUD SCHEMES AND TARGETS



• It is a great pleasure to welcome all delegates
  to this brain storming conference aimed at
  pulling our collective wisdom together in
  finding effective solutions to one of Africa’s
  nagging problems, “Fraud and Corruption”
• For the next 3 days, we shall be here together
  on this matter.

                                                    3
Definition of Fraud
• There is no single accepted definition of fraud.
• It is impossible to provide a comprehensive
  definition of fraud.
• Indeed, it may be possible to distinguish
  between two general types of definition:
• a general broader one and
• a criminal narrower one.
• However, all definitions have one thing in
  common - an element of dishonesty or deceit.

                                                     4
Definition of fraud.. (contd.)
• There are many dictionary definitions of the word
  'fraud' each is similar but not exactly the same.
• Expressions such as:
• Unfair advantage by unlawful or unfair means;
• Knowingly making a false representation;
• Intentional deception resulting in injury to
  another person;
• Something intended to deceive; deliberate
  trickery intended to gain an advantage;

                                                  5
Definition of fraud.. (contd.)
• An intentional perversion of truth; deceitful
  practice or device resorted to with intent to
  deprive another of property or other right;
• The intentional and successful employment of
  cunning, deception, collusion; or artifice used
  to cheat or deceive another person whereby
  that person acts upon it to the loss of his
  property and to his legal injury;

                                                    6
Definition of fraud.. (contd.)
• The act of leading a person to believe
  something which you know to be false in a
  situation where you know the person will rely
  on that thing to their detriment;
• A deception, intended to wrongfully obtain
  money or property from the reliance of
  another on the deceptive statements or acts,
  believing them to be true;

                                                  7
Definition of fraud.. (contd.)
• The intentional perversion of the truth in
  order to mislead someone into parting with
  something of value
• The specific legal definition varies by legal
  jurisdiction, but fraud is a crime, and is also
  a civil law violation.



                                                    8
Definition of fraud.. (contd.)
• From the point of view of the criminal law,
  fraud could be defined as criminal deception,
  being the use of false representations to
  obtain unfair advantage or to harm the
  interests of another.




                                                  9
Definition of fraud.. (contd.)
• To deceive is to induce someone to believe
  that a thing is true which is false, and which
  the person practicing the deceit knows or
  believes to be false.
• To defraud is to deprive by deceit:
• It is by deceit to induce someone to act to his
  injury.


                                                10
Nine elements of fraud
•   a representation of an existing fact;
•   its materiality;
•   its falsity;
•   the speaker's knowledge of its falsity;
•   the speaker's intent that it shall be acted upon by the
    plaintiff;
•   plaintiff's ignorance of its falsity;
•   plaintiff's reliance on the truth of the representation;
•   plaintiff's right to rely upon it; and
•   consequent damages suffered by plaintiff               11
How Fraud Occurs


• Fraud, like other crimes, can best be explained
  by three factors:
• 1) A supply of motivated offenders;
• 2) The availability of suitable targets;
• 3) The absence of capable guardians or a
  control system.



                                                12
How Fraud Occurs

• When economic climate declines, it is likely to
  raise the risk of fraud.
• As individuals and companies suffer
  financially, more people may be tempted to
  cross the line of legality and engage in fraud to
  maintain the lifestyles they had enjoyed
  during better times.


                                                  13
How Fraud Occurs

•   stagnant earnings,
•   no bonuses,
•   stiff competition,
•    irresponsive governments,
•    the possibility of job losses –
•   all of these, and more, increase the likelihood
    of an individual and even organisations to
    commit fraud.
                                                      14
How fraud Occurs

• Smaller business are overall more susceptible
  because they generally don’t have as many
  people in place to separate job functions and
  put controls in place.
• The culture is usually open and trusting.




                                                  15
Some of the Ways Occupational Fraud Occurs

•   Skimming cash receipts
•   Falsifying expense reports
•   Forging or tampering with company checks
•   Falsifying pay roll records
•   Falsifying bills and invoices




                                                 16
Some of the Ways Occupational Fraud Occurs

•   Stealing cash –Larceny
•   Stealing other physical assets
•   Stealing intellectual assets and information
•   Corruption
•   Financial statement fraud




                                                   17
Various Fraud Schemes and Targets


• Fraud is as numerous as the languages under
  the sun!
• Let us compile the most popular ones taking
  our source from the Association of Certified
  Fraud Examiners 2012 Global Fraud Study




                                                 18
Occupational Fraud
• This type of fraud falls into 3 categories:
• Asset misappropriation schemes, in which an
  employee steals or misuses the organization’s
  resources (e.g., theft of company cash, false
  billing schemes or inflated expense reports)
  The targets here are the employers, private or
  public.


                                               19
Occupational Fraud
• Corruption schemes, in which an employee
  misuses his or her influence in a business
  transaction in a way that violates his or her
  duty to the employer in order to gain a direct
  or indirect benefit (e.g., schemes involving
  bribery or conflicts of interest) The targets are
  internal and external clients of the
  organization

                                                  20
Occupational Fraud
• Financial statement fraud schemes, in which
  an employee intentionally causes a
  misstatement or omission of material
  information in the organization’s financial
  reports (e.g., recording fictitious revenues,
  understating reported expenses or artificially
  inflating reported assets) The targets are
  shareholders, the investing public, banks and
  financial institutions, suppliers, customers,
  inland revenue, and many other stakeholders. 21
BANK FRAUDS


• Bank and banking related fraud can occur in
  many ways from cheque fraud to credit
  card fraud.
• Cheque Fraud is responsible for the loss of
  about $815 million yearly, which is nearly 12
  times the amount robbed from banks each
  year


                                                  22
Bank fraud

• Many types of cheque scams exist and
  include:
• Forged Signatures – involves forging a
  signature on legitimate blank check
• Forged Endorsement – includes endorsing and
  cashing or depositing a stolen check
• Counterfeit Checks – is on the rise with the
  advancement in color copying and desktop
  publishing
                                             23
Bank fraud
• Altered Checks – where a person changes the name
  of the payee or dollar amount on a legitimate check
• Uninsured Deposits: occurs when illegitimate
  companies persuade customers with high rates of
  interest or offshore secrecy to avoid paying taxes.
  These companies are not monitored or authorized by
  any federal bank or financial institution, meaning
  depositors do not receive protection or insurance on
  their investments from any state or federal
  institution
                                                     24
Bank fraud
• Credit Card Fraud: is a common type of fraud that
  affects millions each year.
• Statistics show that credit card causes $500 million
  in damages to card companies and credit card
  holders.
• And, if you suspect that you’re a target of credit
  fraud contact your bank or credit card
  company immediately to disable your card.



                                                         25
Bank fraud
• Falsification of Loan Applications: also known
  as Loan Fraud.
• It occurs when a person produces false
  information to qualify for a loan, such as a
  mortgage for their house.
• Sometimes, loan officers may be in on the
  fraud.


                                                   26
Bank fraud
• Stolen Checks
Some fraudsters obtain access to facilities handling large
  amounts of checks, such as a mailroom or post office or the
  offices of a tax authority (receiving many checks) or a
  corporate payroll or a social or veterans' benefit office (issuing
  many checks). A few checks go missing; accounts are then
  opened under assumed names and the checks (often
  tampered or altered in some way) deposited so that the
  money can then be withdrawn by thieves. Stolen blank
  checkbooks are also of value to forgers who then sign as if
  they were the depositor


                                                                  27
Bank fraud
• Demand draft fraud
• Demand draft fraud is usually done by one or more
  dishonest bank employees. They remove few DD
  leaves or DD books from stock and write them like a
  regular DD.
• Since they are insiders, they know the coding,
  punching of a demand draft. These Demand drafts
  will be issued payable at distant town/city without
  debiting an account. Then it will be cashed at the
  payable branch.
• For the paying branch it is just another DD.        28
Bank fraud
•   Rogue traders
•   Fraudulent loans
•   Forged or fraudulent documents
•   Bill discounting fraud
•   Booster cheques
•   Prime bank fraud



                                     29
Identity Fraud
• Identity theft occurs when someone uses your
  personally identifying information (like your
  name, social security number, or credit card
  information) to pretend to be you.
• The identity thief does this for his own
  personal gain at the expense of his victim



                                              30
Identity fraud…contd.
An identity thief may use your information to:
• Open a new credit card, phone, or utilities
  account in your name and then run up the
  bills without paying them. The delinquent
  account then appears on your credit report.
• Open a bank account and write bad cheques
  in your name, apply for a loan in your name,
  or use your bank information to drain your
  account.
                                                 31
Identity fraud…contd.
• File a fraudulent tax return, or apply for
  government benefits in your name.
• Get a driver's license with your information
  but his own picture on it.
• Give your personal information to police
  during an arrest. Then when he does not show
  up for the court date, a warrant of arrest is
  issued in your name

                                              32
Identity fraud…contd.
• There are a number of methods a skilled
  identity thief may use to steal your
  information. These include:
• Shoulder Surfing: watching you from a nearby
  location as you punch in your pin codes or
  listening as you give someone else your
  personal information over the phone


                                                 33
Identity fraud…contd.
• Dumpster Diving: rummaging through your trash to
  find bills or other documents with your name and
  personal information on them
• Stealing: stealing mail (including bills, credit card
  statements, credit card offers, and tax information),
  or even stealing wallets and purses to gain access to
  documents with your personal information on them
• Bribing: bribing employees (such as government,
  bank, or credit card company employees) who have
  access to your personal information
                                                          34
Identity fraud…contd.
• Pretexting: using false pretenses to obtain your
  personal information from banks, phone, credit
  companies, and other companies
• Skimming: using a special storage device to scan and
  remember your credit and debit card numbers when
  you use your cards
• Phishing: pretending to be a financial institution or
  other company (like a lotto company) and sending
  you spam or pop-up advertisements to persuade you
  to reveal your personal information
                                                      35
Identity fraud…contd.
• Changing your address: completing a change
  of address form to divert your billing
  statements and other mail to another location
  where this information is easily accessible




                                              36
warning signals
• The following is a list of warning signals
  indicating that you may be a victim of identity
  theft:
• Your credit card statement includes purchases
  you didn't make or your bank statement
  includes withdrawals you didn’t make
• You receive a credit card that you did not
  apply for
• You are denied credit or offered less favorable
  credit than your past spending deserves       37
warning signals
• You get a denial of credit that you didn't apply
  for
• You receive credit card or bank statements in
  your name but you do not hold the account
  they're billing you for
• You no longer receive credit card, bank, or
  utilities statements.
• You applied for a credit card or bank account
  but you are not getting a card or statements
                                                 38
warning signals
• You notice some of your mail is missing
• You receive notice of a mail redirection request you didn't
  make
• You receive bills from companies you don't recognize
• There are credit cards or loans that you didn't open listed on
  your credit history
• Your credit report reveals inquiries from companies you never
  dealt with
• Debt collection companies try to collect debts that aren't
  yours
• You are arrested for a crime you didn't commit
                                                               39
COMPUTER FRAUDS


• Computer fraud is the use of information technology
  to commit fraud
• Types of computer fraud vary and can be complex or
  simple. Simple types of fraud might include:
• Sending hoax emails intended to scare people.
• Illegally using someone else’s computer or “posing”
  as someone else on the Internet.
• Using spyware to gather information about people.


                                                    40
Computer frauds
• Emails requesting money in return for “small
  deposits.”
• Pyramid schemes or investment schemes via
  computer with the intent to take and use someone
  else’s money.
• Emails attempting to gather personal information to
  be used to access and use credit cards or social
  security numbers.
• Using someone else’s computer to access personal
  information with the intent to use such fraudulently
                                                         41
Computer frauds
• Using the computer to solicit minors into
  sexual alliances.
• Violating copyright laws by copying
  information with the intent to sell
  information, like DVDs, CDs.
• Hacking into computer systems to gather large
  amounts of information for illegal purposes.
• Hacking into or illegally using a computer to
  change information, such as grades, work
  reports, etc.                               42
Computer frauds
• Sending computer viruses or worms with the
  intent to destroy or ruin someone else’s
  computer.
• Even though there are stiff penalties for
  committing computer fraud, laws governing
  against it may be difficult to enforce.



                                               43
Computer frauds
• Do not give personal information to anyone or
  to any company you’ve never heard of before.
  This includes your full name, your address,
  your phone number, credit card number,
  social security numbers, or information about
  the people in your household.
• Do not pay attention to get rich quick
  schemes. If they seem too good to be true,
  they absolutely are
                                              44
Computer frauds
• Do not open emails from strangers. Install anti-viral
  software and spam blocking programs on your
  computer and your email program.
• Don’t download attachments from people you don’t
  know.
• Teach your children about safe communication on
  the Internet to protect them from Internet predators.
• Don’t keep passwords on your computer, and do not
  use common passwords like the names of your kids,
  birthdays, or other guessable words. Never give your
  password to someone else.                             45
Corruption in Public Procurement
• Corruption is defined by the World Bank and
  Transparency International (TI) as “the misuse
  of public office for private gain.” As such, it
  involves the improper and unlawful behavior
  of public-service officials, both politicians and
  civil servants, whose positions create
  opportunities for the diversion of money and
  assets from government to themselves and
  their accomplices
                                                  46
Supply and Demand of Corruption
• There are two widely-acknowledged
  dimensions of corruption—supply and
  demand-side.
• Supply- side is the private sector that gifts or
  bribes the government officials who, in turn,
  constitutes the demand-side or the receivers



                                                     47
Supply and Demand of Corruption
• Over the past two decades, anti-corruption
  measures have targeted only the demand-side
  either by limiting the government officials’
  vulnerability to bribes or in-kind gifts through
  enactment of laws or by empowering the
  people through advocacy against the demand-
  side corruption.



                                                 48
Supply and Demand of Corruption
• legal measures against the demand-side
  corruption are important in their own right,
• we have often ignored the role of the private
  sector as a supplier of corrupt payments and a
  vulnerable sector for corruption itself




                                               49
Who Corrupts
• Previously, the private sector believed that
  corruption exists because the government officials
  are corrupt and did not consider itself as encouraging
  corruption.
• Over the years, the private sector has been
  established as an equal participant in corruption
  transaction, and efforts to limit its ability and
  vulnerability to engage in corruption are therefore,
  equally and urgently needed


                                                      50
Who Corrupts
• As corruption takes place at the interface of
  the public and private sector, bringing one into
  the legal net and leaving out the other has
  made our anti-corruption fight one-sided.
• We have seen many corporate corruption
  scandals over the years. But, a few of them
  have come under the judicial hammer


                                                51
Who Corrupts
• And in most of these cases, supply-side is
  hardly or inadequately penalized for the
  offence due to lack of a concrete policy.
• Taking into account the rapidly changing
  forms of corruption, we need to address the
  corruption in and by the private sector as
  seriously as in the public sector by widening
  the legal nets to tackle the menace

                                                  52
Who Corrupts
• Corruption has become so rampant that we now
  need to review the existing laws to prosecute even
  the bribers and the corporate corruption
• Africa is no exception to this phenomenon as
  majority of the anti-corruption interventions
  worldwide have focused on the demand-side only.
• Though the supply-side doesn’t adequately figure in
  anti-corruption discourse, it has now become
  imperative to address this almost ignored dimension
  by mainstreaming it in governance policies and laws
                                                    53
What causes and fuels corruption

• Corruption distorts resource allocation and government
  performance. The causes are many and vary from one country
  to the next. Among the contributing factors are:
• Policies, programs and activities that are poorly conceived and
  managed,
• Failing institutions,
• Poverty and Deprivation
• Income disparities,
• Inadequate civil servants’ remuneration,
• Lack of accountability and transparency.
• Political and or Economic Brigandage
                                                               54
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
                    PROCUREMENT


•   Pre-qualification and tender
•   1. Loser’s fee
•   2. Price fixing
•   3. Manipulation of pre-qualification
•   4. Bribery to obtain main contract award
•   5. Bribery during sub-contract procurement
•   6. Corruptly negotiated contract

                                                    55
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
               PROCUREMENT

• 7. Manipulation of design
• 8. Specification of overly sophisticated design
• 9. Inflation of resources and time
  requirements
• 10. Obtaining a quotation only for price
  comparison
• 11. Concealment of financial status


                                                    56
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
               PROCUREMENT

• 12. Intention to withhold payment
• 13. Submission of false quotation
• 14. Falsely obtaining export credit insurance




                                                  57
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
                  PROCUREMENT

•   Project execution
•   15. False invoicing: supply of inferior materials
•   16. False invoicing: supply of less equipment
•   17. False work certificates
•   18. Excessive repair work
•   19. Overstating man-day requirements
•   20. Inflated claim for variation (1)
•   21. Inflated claim for variation (2)
                                                    58
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
                  PROCUREMENT

•   . False variation claim
•   23. Issue of false delay certificate
•   24. False extension of time application
•   25. False assurance that payment will be made
•   26. Delayed issue of payment certificates
•   27. Concealing defects (1)
•   28. Concealing defects (2

                                                  59
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
               PROCUREMENT

• 29. Set-off of false rectification costs
• 30. Refusal to issue final certificate
• 31. Requirement to accept lower payment
  than is due
• 32. Extortion by client’s representative
• 33. Facilitation payment
• 34. Overstating of profits
• 35. False job application
                                               60
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
                  PROCUREMENT

•   Dispute resolution
•   36. Submission of incorrect contract claims
•   37. Concealment of documents
•   38. Submission of false supporting documents
•   39. Supply of false witness evidence
•   40. Supply of false expert evidence
•   41. Bribery of witness
•   42. Blackmail of witness
                                                  61
EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF
                  PROCUREMENT

•   43. False information as to financial status
•   44. False statement as to settlement sum
•   45. Over-manning by law firm
•   46. Excessive billing by lawyer
•   47. Complicity by lawyer




                                                   62
PSYCHOLOGY OF FRAUD: WHAT
MOTIVATES THE FRAUDSTER




                            63
Pressure or Incentive
• Perceived need is often created by expensive
  addictions such as substance abuse, sex addiction,
  gambling addiction, and spending addiction.
• Typically, a person committing fraud has an incentive
  or is under some sort of financial pressure.
• There may be an unexpected financial crisis in the
  family or the individual may be living beyond her/his
  means



                                                      64
Pressure or Incentive
 The four 'Bs' of perceived need:
• Beer,
• Boobs,
• Betting,
• Borrowing.




                                    65
Pressure or Incentive
• Once begun, the fraud typically continues, and even
  grows.
• The fraudster gains confidence and becomes
  accustomed to the enhanced financial situation.
• Many fraudsters initially tell themselves that the
  scheme is only temporary.
• Once the current crisis (or after whatever drove the
  perpetrator to hatch the scheme in the first place)
  has passed, the illegal activity will stop
• The fraudster becomes confident and typically
  enlarges the scam.                                   66
Rationalization
• Fraudsters must be able to rationalize their
  schemes to themselves or embrace an
  attitude that the fraud is somehow justified;
  thus, rationalization or attitude is a factor
  typically found in a fraud situation
• People who commit fraud may be able to
  convince themselves that the wrongdoing is
  only temporary and will stop when the
  financial crisis does
                                                  67
Rationalization
• People who commit fraud might feel that they
  need the money more than the entity.
• Somehow, they are justified in taking the
  money or goods or services.
• They might believe that they deserve the
  extra money, perhaps to right a perceived
  injustice


                                             68
Opportunity
• This is one area that companies have the
  ability to control.
• Opportunity is the means to steal when there
  is inadequate system of internal control and
  segregation of duties.
• where suitable controls are in place, the
  individual may be able to override the system


                                                  69
OCCUPATIONAL FRAUD


• The term "occupational fraud and abuse" is
  broadly defined as "the use of one's
  occupation for personal enrichment through
  the deliberate misuse or misapplication of the
  employing organization's resources or assets”




                                               70
LARCENY

• Larceny, according to Black's Law Dictionary, is
  "felonious stealing, taking and carrying, leading,
  riding, or driving away with another person's
  property, with the intent to convert it or to deprive
  the owner thereof.
• The key element in a larceny scheme is the fact that
  there is no effort to cover up the theft.
• Unlike the skimming schemes, the cash has already
  been recorded on the books.

                                                          71
SKIMMING


• "Skimming" is the embezzlement of cash from
  an entity prior to its being recorded on the
  books




                                             72
DAY 3
•   Welcome to the 3rd Day:
•   Interviewing for Fraud in the Audit Process
•   Fraud Investigation
•   Interviewing Fraud Suspects
•   Free discussion on all the topics, question and
    answer



                                                      73
INTERVIEWING FOR FRAUD IN THE AUDIT PROCESS


WHAT THE STANDARDS SAY
• Statement of Auditing Standards (SAS) no. 1,
  Responsibilities and Functions of the
  Independent Auditor, says, “The auditor has
  responsibility to plan and perform the audit to
  obtain reasonable assurance about whether
  the financial statements are free of material
  misstatement, whether caused by error or
  fraud.”
                                                74
WHAT THE STANDARD SAYS

• SAS no. 99, Consideration of Fraud in a
  Financial Statement Audit, reiterates that
  concept and places a heavy emphasis on
  making inquiries. Paragraphs 20 through 26
  enumerate those questions that Auditors
  should ask management in checking for fraud
  risk.



                                                75
WHAT THE STANDARD SAYS

• Paragraph 27 is clear: “The auditor should be aware
  when evaluating management’s responses to
  inquiries…that management is often in the best
  position to perpetrate fraud.”
• Indeed, therein lies the challenge: Some people in
  positions of trust commit wrongdoing, and those
  committing wrongful acts and fraud can—and do—
  lie to auditors and/or managers/investigators.



                                                        76
Interviewing for fraud in the audit process

• Interviews are a useful audit tool to gather
  information about internal controls and fraud
  risks for several reasons.
• First, employees involved in the day-to-day
  operations of a functional area possess the
  best knowledge of that area.
• They are in an excellent position to identify
  weak internal controls and fraud risks

                                                   77
Interviewing for fraud in the audit process

• Second, although most employees are not
  directly involved in fraud, they may have
  knowledge of suspected, or actual, frauds that
  interviews can bring to light.
• Third, employees may be reluctant to tell
  management about needed internal controls
  and suspected or actual fraud, even when a
  company has an ethics hotline, a compliance
  officer, or other reporting mechanisms.
                                                   78
The Information Needed In Audit Process


• A primary difference between SAS 82 and SAS
  99, which superseded it, is that the latter
  includes expanded requirements for inquiries
  of management.
• Making inquiries of management is important
  because senior management is often in the
  best position to perpetrate and conceal fraud.


                                                79
Information

• In obtaining information necessary to identify
  the risk of fraud in a financial statement audit,
  SAS 99 requires auditors to ask the following
  questions:
• Does management communicate its views on
  ethical business behavior to its employees?
• Does management have programs and
  internal controls designed to prevent, deter,
  and detect fraud?
                                                  80
Information ..contd.

• Does management discuss with the audit committee
  of the board of directors how its internal control
  system serves to prevent, detect, and deter fraud?
• Does management understand the fraud risks
  specific to its business?
• Does management monitor fraud risks relevant to
  specific components or divisions within the entity?
• Does management have any knowledge or suspicion
  of fraud?
• Is management aware of any allegations of fraud?
                                                    81
Information ..contd.

• In addition to management inquiries, SAS 99
  also requires an auditor to inquire of the audit
  committee and of internal audit personnel
  about their views on the company’s fraud
  risks.
• Significantly, SAS 99 mandates that other
  individuals within the company also be
  questioned about the risk of fraud

                                                 82
Information ..contd.

Paragraph 24 of SAS 99 states:
• The auditor should use professional judgment to
  determine those others within the entity to whom
  inquiries should be directed and the extent of such
  inquiries.
• In making this determination, the auditor should
  consider whether others within the entity may be
  able to provide information that will be helpful to the
  auditor in identifying risk of material misstatement
  due to fraud.
                                                       83
Information ..contd.

• SAS 99 suggests that auditors inquire of
  operating personnel with varying levels of
  authority, of in-house legal counsel, and of
  others knowledgeable of fraud risk.
• Because employees are often aware of where
  specific fraud risks lie, auditors should
  understand employees’ views on the risk of
  fraud.

                                             84
Information ..contd.

• Auditors should look for discrepancies in
  information received from various
  interviewees.
• Unusual situations or conditions identified
  through interviews with management and
  others can be revealing



                                                85
Interview Subjects


• SAS 99, paragraph 6, identifies the two types of fraud
  that auditors should be aware of as “misstatements
  arising from fraudulent financial reporting and
  misstatements arising from misappropriation of
  assets.”
• As a result, inquiries should be directed toward
  individuals concerned with financial reporting as well
  as those with direct or indirect access to the
  company’s assets


                                                       86
Interview Subjects


• The CEO and the CFO should be carefully interviewed by a
  partner or experienced audit manager about their knowledge
  or suspicion of fraud.
• These executives have the power to override internal
  controls, and therefore are in a position to perpetrate and
  conceal fraud.
• Their administrative assistants may be privy to sensitive
  information and may suspect or be aware of fraudulent
  activity, and should also be interviewed.
• Individuals may be aware of fraudulent activities but not
  disclose them unless specifically asked

                                                            87
FRAUD INVESTIGATION

• A fraud investigation can cover a wide variety
  of issues and actions
• Fraud investigations and forensic enquires
  may not involve actual fraud or corrupt
  behavior but may instead be concerned with a
  breach of company policy, a problem with
  health and safety, harassment, or an
  investigation into security

                                               88
FRAUD INVESTIGATION

• Fraud itself is defined as a misrepresentation that is
  intended to deceive a person or business.
• Companies can be accused of fraud if they make
  claims about a product they sell that are untrue or
  made up only in order to make a profit.
• Fraud investigations are carried out to determine
  whether fraud has taken place or whether there is
  evidence of the fraud



                                                           89
FRAUD INVESTIGATION

• Fraud can cause serious problems not only
  concerning loss of money but physical harm to
  people and harm to reputations.
• Fraudulent behavior or unethical actions can
  impact strongly on a business.
• Unethical behavior can bring emotional as
  well as financial trauma from which a business
  may take years to recover

                                               90
FRAUD INVESTIGATION

• Fraud investigations cover a number of procedures,
  including the thorough analysis of electronic data.
• Computer forensics is vitally important when dealing
  with fraudulent or unethical actions in businesses
  today.
• It can reveal evidence that would otherwise never
  have come to light — evidence can be hidden within
  mountains of electronic data, and only professional
  computer forensic investigators will be able to
  uncover it
                                                     91
FRAUD INVESTIGATION

• Computer forensics is one of the first procedures to
  be carried out in a fraud investigation — making sure
  that dates and time stamps on files are not changed,
  and that critical information is not overwritten.
• A fraud investigation should always be carried out
  from an objective position and supported by
  documented evidence.
• The investigation should be carried out by a neutral
  professional, so that the company can ensure it is
  seen to be complying with a commitment to
  objectivity.
                                                      92
INVESTIGATION AND EXPERT WITNESS TESTIMONY


• Forensic Accountants are often called upon to initiate
  a fraud investigation for the primary purpose of
  determining whether a fraud has occurred.
• Other reasons for initiating a fraud investigation
  include the following: a tip or concern received (from
  an employee, a vendor, a customer, or other source),
  an accidental discovery, fraud uncovered as a result
  of an audit, or a concern from the business as to the
  adequacy of their internal controls system.


                                                      93
Fraud Investigation

A fraud investigation is the systematic
  examination to obtain the truth as to:
1. Whether a fraud has occurred
2. Who is involved
3. How it was perpetrated
4. How much is involved



                                           94
Fraud Investigation versus Accounting Audit
                Target            Purpose         Techniques     Required
                                                  Employed       Standards
Financial       Examination of    Express an      Audit          SAS No.99
Statement       financial data,   opinion on      sampling,      requires
Audit           i.e. financial    the financial   examination    auditors to
                statements
                                  data i.e.       of financial   approach
                                  financial       data,          audits using
                                  statements      confirmation   professional
                                                                 skepticism
Fraud           Resolve one       Determine if                   Sufficiency of
Investigation   or more very      fraud has                      proof in order
                specific          occurred, who                  to either
                allegations of    is involved,                   prove or
                fraud             and what do                    disprove the
                                  they know                      fraud        95
                                                                 allegation
Difference between the two

• The differences between forensic accounting/fraud
  investigation and auditing can be explained by how
  they vary by
• scope,
• nature,
• purpose,
• frequency,
• methods used,
• and presumption.
                                                       96
Steps in Conducting a Fraud Investigation


There are five key steps in conducting the
  investigation:
• -gathering record,
• -looking for patterns,
• -determining possible fraud theories,
• - interviewing witnesses,
• - and the report.

                                                  97
Gather the Records


• Forensic accountants are well-acquainted with
  the activities of this step, mainly to gather
  documents used within the organization.
• Records would include vendor invoices,
  customer invoices, cancelled checks and bank
  statements, purchase orders and receiving
  reports.


                                              98
Look for Patterns and Irregularities


• After gathering the necessary organizational
  document, the forensic accountant will review
  and analyze the documents to look for
  patterns and irregularities.
• The accountant may use analytical
  procedures, sampling techniques, and ratio
  analysis in order to determine if patterns or
  irregularities exist within the data

                                               99
Determine Possible Fraud Theories


• After inspecting and analyzing the documents,
  the forensic accountant will be able to
  develop a possible fraud theory (or multiple
  theories).
• The theory will identify potential schemes and
  methods used.
• As theories are developed, the accountant will
  need to “test” the theory to determine likely
  scenarios for the fraud.
                                              100
Interview the witnesses


• This step is undertaken usually to support an
  allegation of fraud.
• Before beginning this step, the forensic
  accountant should recommend that the
  clients advise their legal counsel.
• There may be additional considerations to
  include, for which the attorney can be a
  resource.

                                                  101
Fraud Interview Questions


• A fraud interview is nothing more than a structured
  meeting in which questions are designed to elicit
  information from witnesses.
• The interviewer may be scheduled to ask only one
  question, but more often, the interview is comprised
  of a series of questions.
• There is an art to asking questions, and the means to
  acquiring the artful skill is through practice.



                                                     102
--
• Fraud examiners should conduct the interview
  in a manner so as to ensure the individuals
  privacy, and the interview should be
  conducted under reasonable circumstances.
• They must ensure that they are not accusing
  the individual of the fraud in the course of the
  interview


                                                103
--
• The fraud examiner should be direct in asking the
  subject specifically if she/he has committed the
  fraud.
• If the case should go to litigation and the examiner is
  attacked professionally, she/he would be able to
  respond that all individuals in question, during the
  course of the investigation, were asked if they were
  involved with the fraud.
• This establishes that the fraud examiner did not
  avoid her/his professional responsibility
                                                       104
INTERVIEWING FRAUD SUSPECTS


Good Fraud Interview
• A good interview should be succinct, but last
  long enough to disclose the significant facts.
• The interview should also occur as soon after
  the event as possible, in order to avoid losing
  key details.
• The interview should be conducted privately,
  so that others can neither hear nor observe
  the interview.
                                                    105
Seven key attributes of an interviewer

•   Organized
•   Engaged
•   Thoughtful
•   Listening
•   Flexible
•   Observant
•   Non-Threatening

                                                  106
Understanding Body Language

The following is a list of some physical
  indicators:
1. Placing hand in front of mouth when speaking
2. Excessive blinking or blinking too quickly
3. Frequent touching of the nose (the nose is
  especially sensitive to stress)
4. Raising of eyebrows
5. Crossing of arms or legs
                                             107
--
6. Lack of eye contact (or an excess of eye
  contact)
7. Tapping of fingers feet
8. Frequent swallowing
9. Constant touching of hands to face or head
10. Holding tightly to arms of chair
11. Sweating
12. Shifting posture
                                                108
The End
                 Thank you for your:
• Time
• Interest and
• Attention




                                       109

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Conference paper 1 st national forensic conference, yaounde. [compatibility mode]

  • 1. 1ST NATIONAL FORENSIC CONFERENCE, YAOUNDE, CAMEROON Richard Mayungbe, PhD, MBA, FICCA, FICA, CPFA, ACFE, MICM, MIPN, Ch.MC, MITD Global Financial and Management Trainer, Forensic Accountant, Fraud Fighter, Consultant and Author Tel: +23772585428, +234 8033467639, www.richardmayungbe.blogspot.com Skype: tsiltd.tsiltd 1
  • 2. CONTENTS • DAY 1 • Definition of fraud, How Fraud Occurs, Various Fraud Schemes and targets. • Psychology of fraud: what motivates the fraudster • DAY 2 • Interviewing for Fraud in the Audit Process • DAY 3 • Fraud Investigation • Interviewing • Free discussion on all the topics, question and answer etc 2
  • 3. DEFINITION OF FRAUD, HOW FRAUD OCCURS, VARIOUS FRAUD SCHEMES AND TARGETS • It is a great pleasure to welcome all delegates to this brain storming conference aimed at pulling our collective wisdom together in finding effective solutions to one of Africa’s nagging problems, “Fraud and Corruption” • For the next 3 days, we shall be here together on this matter. 3
  • 4. Definition of Fraud • There is no single accepted definition of fraud. • It is impossible to provide a comprehensive definition of fraud. • Indeed, it may be possible to distinguish between two general types of definition: • a general broader one and • a criminal narrower one. • However, all definitions have one thing in common - an element of dishonesty or deceit. 4
  • 5. Definition of fraud.. (contd.) • There are many dictionary definitions of the word 'fraud' each is similar but not exactly the same. • Expressions such as: • Unfair advantage by unlawful or unfair means; • Knowingly making a false representation; • Intentional deception resulting in injury to another person; • Something intended to deceive; deliberate trickery intended to gain an advantage; 5
  • 6. Definition of fraud.. (contd.) • An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right; • The intentional and successful employment of cunning, deception, collusion; or artifice used to cheat or deceive another person whereby that person acts upon it to the loss of his property and to his legal injury; 6
  • 7. Definition of fraud.. (contd.) • The act of leading a person to believe something which you know to be false in a situation where you know the person will rely on that thing to their detriment; • A deception, intended to wrongfully obtain money or property from the reliance of another on the deceptive statements or acts, believing them to be true; 7
  • 8. Definition of fraud.. (contd.) • The intentional perversion of the truth in order to mislead someone into parting with something of value • The specific legal definition varies by legal jurisdiction, but fraud is a crime, and is also a civil law violation. 8
  • 9. Definition of fraud.. (contd.) • From the point of view of the criminal law, fraud could be defined as criminal deception, being the use of false representations to obtain unfair advantage or to harm the interests of another. 9
  • 10. Definition of fraud.. (contd.) • To deceive is to induce someone to believe that a thing is true which is false, and which the person practicing the deceit knows or believes to be false. • To defraud is to deprive by deceit: • It is by deceit to induce someone to act to his injury. 10
  • 11. Nine elements of fraud • a representation of an existing fact; • its materiality; • its falsity; • the speaker's knowledge of its falsity; • the speaker's intent that it shall be acted upon by the plaintiff; • plaintiff's ignorance of its falsity; • plaintiff's reliance on the truth of the representation; • plaintiff's right to rely upon it; and • consequent damages suffered by plaintiff 11
  • 12. How Fraud Occurs • Fraud, like other crimes, can best be explained by three factors: • 1) A supply of motivated offenders; • 2) The availability of suitable targets; • 3) The absence of capable guardians or a control system. 12
  • 13. How Fraud Occurs • When economic climate declines, it is likely to raise the risk of fraud. • As individuals and companies suffer financially, more people may be tempted to cross the line of legality and engage in fraud to maintain the lifestyles they had enjoyed during better times. 13
  • 14. How Fraud Occurs • stagnant earnings, • no bonuses, • stiff competition, • irresponsive governments, • the possibility of job losses – • all of these, and more, increase the likelihood of an individual and even organisations to commit fraud. 14
  • 15. How fraud Occurs • Smaller business are overall more susceptible because they generally don’t have as many people in place to separate job functions and put controls in place. • The culture is usually open and trusting. 15
  • 16. Some of the Ways Occupational Fraud Occurs • Skimming cash receipts • Falsifying expense reports • Forging or tampering with company checks • Falsifying pay roll records • Falsifying bills and invoices 16
  • 17. Some of the Ways Occupational Fraud Occurs • Stealing cash –Larceny • Stealing other physical assets • Stealing intellectual assets and information • Corruption • Financial statement fraud 17
  • 18. Various Fraud Schemes and Targets • Fraud is as numerous as the languages under the sun! • Let us compile the most popular ones taking our source from the Association of Certified Fraud Examiners 2012 Global Fraud Study 18
  • 19. Occupational Fraud • This type of fraud falls into 3 categories: • Asset misappropriation schemes, in which an employee steals or misuses the organization’s resources (e.g., theft of company cash, false billing schemes or inflated expense reports) The targets here are the employers, private or public. 19
  • 20. Occupational Fraud • Corruption schemes, in which an employee misuses his or her influence in a business transaction in a way that violates his or her duty to the employer in order to gain a direct or indirect benefit (e.g., schemes involving bribery or conflicts of interest) The targets are internal and external clients of the organization 20
  • 21. Occupational Fraud • Financial statement fraud schemes, in which an employee intentionally causes a misstatement or omission of material information in the organization’s financial reports (e.g., recording fictitious revenues, understating reported expenses or artificially inflating reported assets) The targets are shareholders, the investing public, banks and financial institutions, suppliers, customers, inland revenue, and many other stakeholders. 21
  • 22. BANK FRAUDS • Bank and banking related fraud can occur in many ways from cheque fraud to credit card fraud. • Cheque Fraud is responsible for the loss of about $815 million yearly, which is nearly 12 times the amount robbed from banks each year 22
  • 23. Bank fraud • Many types of cheque scams exist and include: • Forged Signatures – involves forging a signature on legitimate blank check • Forged Endorsement – includes endorsing and cashing or depositing a stolen check • Counterfeit Checks – is on the rise with the advancement in color copying and desktop publishing 23
  • 24. Bank fraud • Altered Checks – where a person changes the name of the payee or dollar amount on a legitimate check • Uninsured Deposits: occurs when illegitimate companies persuade customers with high rates of interest or offshore secrecy to avoid paying taxes. These companies are not monitored or authorized by any federal bank or financial institution, meaning depositors do not receive protection or insurance on their investments from any state or federal institution 24
  • 25. Bank fraud • Credit Card Fraud: is a common type of fraud that affects millions each year. • Statistics show that credit card causes $500 million in damages to card companies and credit card holders. • And, if you suspect that you’re a target of credit fraud contact your bank or credit card company immediately to disable your card. 25
  • 26. Bank fraud • Falsification of Loan Applications: also known as Loan Fraud. • It occurs when a person produces false information to qualify for a loan, such as a mortgage for their house. • Sometimes, loan officers may be in on the fraud. 26
  • 27. Bank fraud • Stolen Checks Some fraudsters obtain access to facilities handling large amounts of checks, such as a mailroom or post office or the offices of a tax authority (receiving many checks) or a corporate payroll or a social or veterans' benefit office (issuing many checks). A few checks go missing; accounts are then opened under assumed names and the checks (often tampered or altered in some way) deposited so that the money can then be withdrawn by thieves. Stolen blank checkbooks are also of value to forgers who then sign as if they were the depositor 27
  • 28. Bank fraud • Demand draft fraud • Demand draft fraud is usually done by one or more dishonest bank employees. They remove few DD leaves or DD books from stock and write them like a regular DD. • Since they are insiders, they know the coding, punching of a demand draft. These Demand drafts will be issued payable at distant town/city without debiting an account. Then it will be cashed at the payable branch. • For the paying branch it is just another DD. 28
  • 29. Bank fraud • Rogue traders • Fraudulent loans • Forged or fraudulent documents • Bill discounting fraud • Booster cheques • Prime bank fraud 29
  • 30. Identity Fraud • Identity theft occurs when someone uses your personally identifying information (like your name, social security number, or credit card information) to pretend to be you. • The identity thief does this for his own personal gain at the expense of his victim 30
  • 31. Identity fraud…contd. An identity thief may use your information to: • Open a new credit card, phone, or utilities account in your name and then run up the bills without paying them. The delinquent account then appears on your credit report. • Open a bank account and write bad cheques in your name, apply for a loan in your name, or use your bank information to drain your account. 31
  • 32. Identity fraud…contd. • File a fraudulent tax return, or apply for government benefits in your name. • Get a driver's license with your information but his own picture on it. • Give your personal information to police during an arrest. Then when he does not show up for the court date, a warrant of arrest is issued in your name 32
  • 33. Identity fraud…contd. • There are a number of methods a skilled identity thief may use to steal your information. These include: • Shoulder Surfing: watching you from a nearby location as you punch in your pin codes or listening as you give someone else your personal information over the phone 33
  • 34. Identity fraud…contd. • Dumpster Diving: rummaging through your trash to find bills or other documents with your name and personal information on them • Stealing: stealing mail (including bills, credit card statements, credit card offers, and tax information), or even stealing wallets and purses to gain access to documents with your personal information on them • Bribing: bribing employees (such as government, bank, or credit card company employees) who have access to your personal information 34
  • 35. Identity fraud…contd. • Pretexting: using false pretenses to obtain your personal information from banks, phone, credit companies, and other companies • Skimming: using a special storage device to scan and remember your credit and debit card numbers when you use your cards • Phishing: pretending to be a financial institution or other company (like a lotto company) and sending you spam or pop-up advertisements to persuade you to reveal your personal information 35
  • 36. Identity fraud…contd. • Changing your address: completing a change of address form to divert your billing statements and other mail to another location where this information is easily accessible 36
  • 37. warning signals • The following is a list of warning signals indicating that you may be a victim of identity theft: • Your credit card statement includes purchases you didn't make or your bank statement includes withdrawals you didn’t make • You receive a credit card that you did not apply for • You are denied credit or offered less favorable credit than your past spending deserves 37
  • 38. warning signals • You get a denial of credit that you didn't apply for • You receive credit card or bank statements in your name but you do not hold the account they're billing you for • You no longer receive credit card, bank, or utilities statements. • You applied for a credit card or bank account but you are not getting a card or statements 38
  • 39. warning signals • You notice some of your mail is missing • You receive notice of a mail redirection request you didn't make • You receive bills from companies you don't recognize • There are credit cards or loans that you didn't open listed on your credit history • Your credit report reveals inquiries from companies you never dealt with • Debt collection companies try to collect debts that aren't yours • You are arrested for a crime you didn't commit 39
  • 40. COMPUTER FRAUDS • Computer fraud is the use of information technology to commit fraud • Types of computer fraud vary and can be complex or simple. Simple types of fraud might include: • Sending hoax emails intended to scare people. • Illegally using someone else’s computer or “posing” as someone else on the Internet. • Using spyware to gather information about people. 40
  • 41. Computer frauds • Emails requesting money in return for “small deposits.” • Pyramid schemes or investment schemes via computer with the intent to take and use someone else’s money. • Emails attempting to gather personal information to be used to access and use credit cards or social security numbers. • Using someone else’s computer to access personal information with the intent to use such fraudulently 41
  • 42. Computer frauds • Using the computer to solicit minors into sexual alliances. • Violating copyright laws by copying information with the intent to sell information, like DVDs, CDs. • Hacking into computer systems to gather large amounts of information for illegal purposes. • Hacking into or illegally using a computer to change information, such as grades, work reports, etc. 42
  • 43. Computer frauds • Sending computer viruses or worms with the intent to destroy or ruin someone else’s computer. • Even though there are stiff penalties for committing computer fraud, laws governing against it may be difficult to enforce. 43
  • 44. Computer frauds • Do not give personal information to anyone or to any company you’ve never heard of before. This includes your full name, your address, your phone number, credit card number, social security numbers, or information about the people in your household. • Do not pay attention to get rich quick schemes. If they seem too good to be true, they absolutely are 44
  • 45. Computer frauds • Do not open emails from strangers. Install anti-viral software and spam blocking programs on your computer and your email program. • Don’t download attachments from people you don’t know. • Teach your children about safe communication on the Internet to protect them from Internet predators. • Don’t keep passwords on your computer, and do not use common passwords like the names of your kids, birthdays, or other guessable words. Never give your password to someone else. 45
  • 46. Corruption in Public Procurement • Corruption is defined by the World Bank and Transparency International (TI) as “the misuse of public office for private gain.” As such, it involves the improper and unlawful behavior of public-service officials, both politicians and civil servants, whose positions create opportunities for the diversion of money and assets from government to themselves and their accomplices 46
  • 47. Supply and Demand of Corruption • There are two widely-acknowledged dimensions of corruption—supply and demand-side. • Supply- side is the private sector that gifts or bribes the government officials who, in turn, constitutes the demand-side or the receivers 47
  • 48. Supply and Demand of Corruption • Over the past two decades, anti-corruption measures have targeted only the demand-side either by limiting the government officials’ vulnerability to bribes or in-kind gifts through enactment of laws or by empowering the people through advocacy against the demand- side corruption. 48
  • 49. Supply and Demand of Corruption • legal measures against the demand-side corruption are important in their own right, • we have often ignored the role of the private sector as a supplier of corrupt payments and a vulnerable sector for corruption itself 49
  • 50. Who Corrupts • Previously, the private sector believed that corruption exists because the government officials are corrupt and did not consider itself as encouraging corruption. • Over the years, the private sector has been established as an equal participant in corruption transaction, and efforts to limit its ability and vulnerability to engage in corruption are therefore, equally and urgently needed 50
  • 51. Who Corrupts • As corruption takes place at the interface of the public and private sector, bringing one into the legal net and leaving out the other has made our anti-corruption fight one-sided. • We have seen many corporate corruption scandals over the years. But, a few of them have come under the judicial hammer 51
  • 52. Who Corrupts • And in most of these cases, supply-side is hardly or inadequately penalized for the offence due to lack of a concrete policy. • Taking into account the rapidly changing forms of corruption, we need to address the corruption in and by the private sector as seriously as in the public sector by widening the legal nets to tackle the menace 52
  • 53. Who Corrupts • Corruption has become so rampant that we now need to review the existing laws to prosecute even the bribers and the corporate corruption • Africa is no exception to this phenomenon as majority of the anti-corruption interventions worldwide have focused on the demand-side only. • Though the supply-side doesn’t adequately figure in anti-corruption discourse, it has now become imperative to address this almost ignored dimension by mainstreaming it in governance policies and laws 53
  • 54. What causes and fuels corruption • Corruption distorts resource allocation and government performance. The causes are many and vary from one country to the next. Among the contributing factors are: • Policies, programs and activities that are poorly conceived and managed, • Failing institutions, • Poverty and Deprivation • Income disparities, • Inadequate civil servants’ remuneration, • Lack of accountability and transparency. • Political and or Economic Brigandage 54
  • 55. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • Pre-qualification and tender • 1. Loser’s fee • 2. Price fixing • 3. Manipulation of pre-qualification • 4. Bribery to obtain main contract award • 5. Bribery during sub-contract procurement • 6. Corruptly negotiated contract 55
  • 56. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • 7. Manipulation of design • 8. Specification of overly sophisticated design • 9. Inflation of resources and time requirements • 10. Obtaining a quotation only for price comparison • 11. Concealment of financial status 56
  • 57. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • 12. Intention to withhold payment • 13. Submission of false quotation • 14. Falsely obtaining export credit insurance 57
  • 58. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • Project execution • 15. False invoicing: supply of inferior materials • 16. False invoicing: supply of less equipment • 17. False work certificates • 18. Excessive repair work • 19. Overstating man-day requirements • 20. Inflated claim for variation (1) • 21. Inflated claim for variation (2) 58
  • 59. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • . False variation claim • 23. Issue of false delay certificate • 24. False extension of time application • 25. False assurance that payment will be made • 26. Delayed issue of payment certificates • 27. Concealing defects (1) • 28. Concealing defects (2 59
  • 60. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • 29. Set-off of false rectification costs • 30. Refusal to issue final certificate • 31. Requirement to accept lower payment than is due • 32. Extortion by client’s representative • 33. Facilitation payment • 34. Overstating of profits • 35. False job application 60
  • 61. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • Dispute resolution • 36. Submission of incorrect contract claims • 37. Concealment of documents • 38. Submission of false supporting documents • 39. Supply of false witness evidence • 40. Supply of false expert evidence • 41. Bribery of witness • 42. Blackmail of witness 61
  • 62. EXAMPLES OF CORRUPTION AT VARIOUS STAGES OF PROCUREMENT • 43. False information as to financial status • 44. False statement as to settlement sum • 45. Over-manning by law firm • 46. Excessive billing by lawyer • 47. Complicity by lawyer 62
  • 63. PSYCHOLOGY OF FRAUD: WHAT MOTIVATES THE FRAUDSTER 63
  • 64. Pressure or Incentive • Perceived need is often created by expensive addictions such as substance abuse, sex addiction, gambling addiction, and spending addiction. • Typically, a person committing fraud has an incentive or is under some sort of financial pressure. • There may be an unexpected financial crisis in the family or the individual may be living beyond her/his means 64
  • 65. Pressure or Incentive The four 'Bs' of perceived need: • Beer, • Boobs, • Betting, • Borrowing. 65
  • 66. Pressure or Incentive • Once begun, the fraud typically continues, and even grows. • The fraudster gains confidence and becomes accustomed to the enhanced financial situation. • Many fraudsters initially tell themselves that the scheme is only temporary. • Once the current crisis (or after whatever drove the perpetrator to hatch the scheme in the first place) has passed, the illegal activity will stop • The fraudster becomes confident and typically enlarges the scam. 66
  • 67. Rationalization • Fraudsters must be able to rationalize their schemes to themselves or embrace an attitude that the fraud is somehow justified; thus, rationalization or attitude is a factor typically found in a fraud situation • People who commit fraud may be able to convince themselves that the wrongdoing is only temporary and will stop when the financial crisis does 67
  • 68. Rationalization • People who commit fraud might feel that they need the money more than the entity. • Somehow, they are justified in taking the money or goods or services. • They might believe that they deserve the extra money, perhaps to right a perceived injustice 68
  • 69. Opportunity • This is one area that companies have the ability to control. • Opportunity is the means to steal when there is inadequate system of internal control and segregation of duties. • where suitable controls are in place, the individual may be able to override the system 69
  • 70. OCCUPATIONAL FRAUD • The term "occupational fraud and abuse" is broadly defined as "the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets” 70
  • 71. LARCENY • Larceny, according to Black's Law Dictionary, is "felonious stealing, taking and carrying, leading, riding, or driving away with another person's property, with the intent to convert it or to deprive the owner thereof. • The key element in a larceny scheme is the fact that there is no effort to cover up the theft. • Unlike the skimming schemes, the cash has already been recorded on the books. 71
  • 72. SKIMMING • "Skimming" is the embezzlement of cash from an entity prior to its being recorded on the books 72
  • 73. DAY 3 • Welcome to the 3rd Day: • Interviewing for Fraud in the Audit Process • Fraud Investigation • Interviewing Fraud Suspects • Free discussion on all the topics, question and answer 73
  • 74. INTERVIEWING FOR FRAUD IN THE AUDIT PROCESS WHAT THE STANDARDS SAY • Statement of Auditing Standards (SAS) no. 1, Responsibilities and Functions of the Independent Auditor, says, “The auditor has responsibility to plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud.” 74
  • 75. WHAT THE STANDARD SAYS • SAS no. 99, Consideration of Fraud in a Financial Statement Audit, reiterates that concept and places a heavy emphasis on making inquiries. Paragraphs 20 through 26 enumerate those questions that Auditors should ask management in checking for fraud risk. 75
  • 76. WHAT THE STANDARD SAYS • Paragraph 27 is clear: “The auditor should be aware when evaluating management’s responses to inquiries…that management is often in the best position to perpetrate fraud.” • Indeed, therein lies the challenge: Some people in positions of trust commit wrongdoing, and those committing wrongful acts and fraud can—and do— lie to auditors and/or managers/investigators. 76
  • 77. Interviewing for fraud in the audit process • Interviews are a useful audit tool to gather information about internal controls and fraud risks for several reasons. • First, employees involved in the day-to-day operations of a functional area possess the best knowledge of that area. • They are in an excellent position to identify weak internal controls and fraud risks 77
  • 78. Interviewing for fraud in the audit process • Second, although most employees are not directly involved in fraud, they may have knowledge of suspected, or actual, frauds that interviews can bring to light. • Third, employees may be reluctant to tell management about needed internal controls and suspected or actual fraud, even when a company has an ethics hotline, a compliance officer, or other reporting mechanisms. 78
  • 79. The Information Needed In Audit Process • A primary difference between SAS 82 and SAS 99, which superseded it, is that the latter includes expanded requirements for inquiries of management. • Making inquiries of management is important because senior management is often in the best position to perpetrate and conceal fraud. 79
  • 80. Information • In obtaining information necessary to identify the risk of fraud in a financial statement audit, SAS 99 requires auditors to ask the following questions: • Does management communicate its views on ethical business behavior to its employees? • Does management have programs and internal controls designed to prevent, deter, and detect fraud? 80
  • 81. Information ..contd. • Does management discuss with the audit committee of the board of directors how its internal control system serves to prevent, detect, and deter fraud? • Does management understand the fraud risks specific to its business? • Does management monitor fraud risks relevant to specific components or divisions within the entity? • Does management have any knowledge or suspicion of fraud? • Is management aware of any allegations of fraud? 81
  • 82. Information ..contd. • In addition to management inquiries, SAS 99 also requires an auditor to inquire of the audit committee and of internal audit personnel about their views on the company’s fraud risks. • Significantly, SAS 99 mandates that other individuals within the company also be questioned about the risk of fraud 82
  • 83. Information ..contd. Paragraph 24 of SAS 99 states: • The auditor should use professional judgment to determine those others within the entity to whom inquiries should be directed and the extent of such inquiries. • In making this determination, the auditor should consider whether others within the entity may be able to provide information that will be helpful to the auditor in identifying risk of material misstatement due to fraud. 83
  • 84. Information ..contd. • SAS 99 suggests that auditors inquire of operating personnel with varying levels of authority, of in-house legal counsel, and of others knowledgeable of fraud risk. • Because employees are often aware of where specific fraud risks lie, auditors should understand employees’ views on the risk of fraud. 84
  • 85. Information ..contd. • Auditors should look for discrepancies in information received from various interviewees. • Unusual situations or conditions identified through interviews with management and others can be revealing 85
  • 86. Interview Subjects • SAS 99, paragraph 6, identifies the two types of fraud that auditors should be aware of as “misstatements arising from fraudulent financial reporting and misstatements arising from misappropriation of assets.” • As a result, inquiries should be directed toward individuals concerned with financial reporting as well as those with direct or indirect access to the company’s assets 86
  • 87. Interview Subjects • The CEO and the CFO should be carefully interviewed by a partner or experienced audit manager about their knowledge or suspicion of fraud. • These executives have the power to override internal controls, and therefore are in a position to perpetrate and conceal fraud. • Their administrative assistants may be privy to sensitive information and may suspect or be aware of fraudulent activity, and should also be interviewed. • Individuals may be aware of fraudulent activities but not disclose them unless specifically asked 87
  • 88. FRAUD INVESTIGATION • A fraud investigation can cover a wide variety of issues and actions • Fraud investigations and forensic enquires may not involve actual fraud or corrupt behavior but may instead be concerned with a breach of company policy, a problem with health and safety, harassment, or an investigation into security 88
  • 89. FRAUD INVESTIGATION • Fraud itself is defined as a misrepresentation that is intended to deceive a person or business. • Companies can be accused of fraud if they make claims about a product they sell that are untrue or made up only in order to make a profit. • Fraud investigations are carried out to determine whether fraud has taken place or whether there is evidence of the fraud 89
  • 90. FRAUD INVESTIGATION • Fraud can cause serious problems not only concerning loss of money but physical harm to people and harm to reputations. • Fraudulent behavior or unethical actions can impact strongly on a business. • Unethical behavior can bring emotional as well as financial trauma from which a business may take years to recover 90
  • 91. FRAUD INVESTIGATION • Fraud investigations cover a number of procedures, including the thorough analysis of electronic data. • Computer forensics is vitally important when dealing with fraudulent or unethical actions in businesses today. • It can reveal evidence that would otherwise never have come to light — evidence can be hidden within mountains of electronic data, and only professional computer forensic investigators will be able to uncover it 91
  • 92. FRAUD INVESTIGATION • Computer forensics is one of the first procedures to be carried out in a fraud investigation — making sure that dates and time stamps on files are not changed, and that critical information is not overwritten. • A fraud investigation should always be carried out from an objective position and supported by documented evidence. • The investigation should be carried out by a neutral professional, so that the company can ensure it is seen to be complying with a commitment to objectivity. 92
  • 93. INVESTIGATION AND EXPERT WITNESS TESTIMONY • Forensic Accountants are often called upon to initiate a fraud investigation for the primary purpose of determining whether a fraud has occurred. • Other reasons for initiating a fraud investigation include the following: a tip or concern received (from an employee, a vendor, a customer, or other source), an accidental discovery, fraud uncovered as a result of an audit, or a concern from the business as to the adequacy of their internal controls system. 93
  • 94. Fraud Investigation A fraud investigation is the systematic examination to obtain the truth as to: 1. Whether a fraud has occurred 2. Who is involved 3. How it was perpetrated 4. How much is involved 94
  • 95. Fraud Investigation versus Accounting Audit Target Purpose Techniques Required Employed Standards Financial Examination of Express an Audit SAS No.99 Statement financial data, opinion on sampling, requires Audit i.e. financial the financial examination auditors to statements data i.e. of financial approach financial data, audits using statements confirmation professional skepticism Fraud Resolve one Determine if Sufficiency of Investigation or more very fraud has proof in order specific occurred, who to either allegations of is involved, prove or fraud and what do disprove the they know fraud 95 allegation
  • 96. Difference between the two • The differences between forensic accounting/fraud investigation and auditing can be explained by how they vary by • scope, • nature, • purpose, • frequency, • methods used, • and presumption. 96
  • 97. Steps in Conducting a Fraud Investigation There are five key steps in conducting the investigation: • -gathering record, • -looking for patterns, • -determining possible fraud theories, • - interviewing witnesses, • - and the report. 97
  • 98. Gather the Records • Forensic accountants are well-acquainted with the activities of this step, mainly to gather documents used within the organization. • Records would include vendor invoices, customer invoices, cancelled checks and bank statements, purchase orders and receiving reports. 98
  • 99. Look for Patterns and Irregularities • After gathering the necessary organizational document, the forensic accountant will review and analyze the documents to look for patterns and irregularities. • The accountant may use analytical procedures, sampling techniques, and ratio analysis in order to determine if patterns or irregularities exist within the data 99
  • 100. Determine Possible Fraud Theories • After inspecting and analyzing the documents, the forensic accountant will be able to develop a possible fraud theory (or multiple theories). • The theory will identify potential schemes and methods used. • As theories are developed, the accountant will need to “test” the theory to determine likely scenarios for the fraud. 100
  • 101. Interview the witnesses • This step is undertaken usually to support an allegation of fraud. • Before beginning this step, the forensic accountant should recommend that the clients advise their legal counsel. • There may be additional considerations to include, for which the attorney can be a resource. 101
  • 102. Fraud Interview Questions • A fraud interview is nothing more than a structured meeting in which questions are designed to elicit information from witnesses. • The interviewer may be scheduled to ask only one question, but more often, the interview is comprised of a series of questions. • There is an art to asking questions, and the means to acquiring the artful skill is through practice. 102
  • 103. -- • Fraud examiners should conduct the interview in a manner so as to ensure the individuals privacy, and the interview should be conducted under reasonable circumstances. • They must ensure that they are not accusing the individual of the fraud in the course of the interview 103
  • 104. -- • The fraud examiner should be direct in asking the subject specifically if she/he has committed the fraud. • If the case should go to litigation and the examiner is attacked professionally, she/he would be able to respond that all individuals in question, during the course of the investigation, were asked if they were involved with the fraud. • This establishes that the fraud examiner did not avoid her/his professional responsibility 104
  • 105. INTERVIEWING FRAUD SUSPECTS Good Fraud Interview • A good interview should be succinct, but last long enough to disclose the significant facts. • The interview should also occur as soon after the event as possible, in order to avoid losing key details. • The interview should be conducted privately, so that others can neither hear nor observe the interview. 105
  • 106. Seven key attributes of an interviewer • Organized • Engaged • Thoughtful • Listening • Flexible • Observant • Non-Threatening 106
  • 107. Understanding Body Language The following is a list of some physical indicators: 1. Placing hand in front of mouth when speaking 2. Excessive blinking or blinking too quickly 3. Frequent touching of the nose (the nose is especially sensitive to stress) 4. Raising of eyebrows 5. Crossing of arms or legs 107
  • 108. -- 6. Lack of eye contact (or an excess of eye contact) 7. Tapping of fingers feet 8. Frequent swallowing 9. Constant touching of hands to face or head 10. Holding tightly to arms of chair 11. Sweating 12. Shifting posture 108
  • 109. The End Thank you for your: • Time • Interest and • Attention 109